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Constitutional Reform and Governance Act 2010

Section 46: Freedom of information

311.Subsection (1) gives effect to Schedule 7, which amends the Freedom of Information Act 2000 (“FOIA 2000”).

312.The remaining provisions of section 46 allow transitional provisions to be made in connection with the amendments to the FOIA 2000 that reduce from 30 to 20 years the period within which certain exemptions from disclosure apply. Subsection (2) gives the Secretary of State power, by order, to make transitional arrangements relating to those amendments. Subsection (3) enables any such order to make provision about the time when the exemptions cease to apply, and to make different provision for records of different descriptions. Subsections (4) and (5) provide that a statutory instrument containing such an order is subject to the negative resolution procedure.

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